R93-32RESOLUTION NO. R93-~
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
AUTHORIZING AND DIRECTING THE MAYOR AND
CITY CLERK TO EXECUTE A SUPPLEMENT TO
AGREEMENT AND SERVICE AGREEMENT BETWEEN
THE CITY OF BOYNTON BEACH AND H.T.E.,
INC., (HTE) PROVIDING FOR AN UPGRADE OF
OUR SYSTEM 36 PACKAGE TO THE HTE SYSTEM;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, HTE has developed software to run in the AS/400
environment and has completed rewriting the Building
Permitting SyStem and the Code Enforcement System; and
WI{EREAS, HTE has extended an offer of upgrading our
existing system 36 package.
NOW~ THEREFORE, BE iT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The City Commission of the City of Boynton
Beach, Florida, upon recommendation of staff, hereby
authorizes and directs the Mayor and City Clerk to execute a
supplement to Agreement and Service Agreement between the City
of BoYnt~n Beac~ and H.E.T.r Inc., providing for an upgrade of
our System 30 package.
Section 2. This Resolution
immediately upon passage.
shall take effect
PAS~ED AND ADOPTED this ~ day of March, 1993.
CITY OF BOYNTON BEACH, FLORIDA
Mayor
Vic~Mayor
Co~m£ss£onor
Commissi~r
ATTEST:
Cit~ Clerk
(Corporate Seal )
HTE .A~R
2/25/~3
SUPPLEMENT TO AGREEMENT FOR H.T.E.. INC. LICENSED PROGRAMS
~B.¥ AND. BETWEEN H~T.E.,INC (PI T E )
ANDt~xry Or ~oyn~on ~eacn i~eT,~,~omer,,)
Licensed Program Specifications and
Specified Operating Environmear
AS/400 Building Permits
AS/400 Code Enforcement
II.
Licensed Optional Materials (if any):
N/A
III. DSLO License: ~l=t~le] [not applicable]
Designated Machine.
N/~
Charges (as ind/cated by checking applicable box):
[ X] One Time Charge: $___ payable as follows:
See Schedule A
VI.
VIii
[ ] Upgrade Charge: $ N/A
N/A
[ ] Periodic Charge: $ payable [monthly]
[quarterly] [semi-annu~J] [annual]
[ I Initial Charge: $ N/A
[ ] Process Charge: $ N/A
[ ] DSLO Charge: $ N/A
[ ] Program Storage M~ia Charge: $ N/A
[ ].Special Services Charge: $ N/A
Estimated Shipment Date:
To be determined after contract execution.
Shipping Charge payable by [H.T.E.] [Customer].
Special Sh/pping Charge payable by [H.T.E.] [Customer].
N/A
Headquarters:
One duPont Centre, Suite 2000. 390 N. Orange Ave_. Orlando, FL 32801 · (407) 841-3235
AppHca~on Solutions~r Government
SUPPLEMENT TO AGREEMENT OF H.T.E..
BY AND BETWEEN H.T.E., INC.
INC. LICENSED PROGRAMs
and BOYNTON BEACH
SCHEDULE A
DUE UPON
CONTRACT CONTRACT DUE AS
PRODUCT TOTAL EXECUTION INCURRED
~Building Permits $ 3.000.00 $ 3.000.00 $
~ode Enforcement 750.00 750.00
Training - 20 hours at $85.00
.per hour. 50~ due at contract
~xecution: 50% due as incurred.
1~700.00 850.00 850.00
$ 5,450.00 $ 4,600.00 $ 850.00
~ctual reasonable travel and livmng expenses are in addition to the prices quoted
applications.
:onversion. if necessary, will be invoiced at the prevailing fane per hour It is
~derstood that no two systems and file structures are exactly alike and there ~rm¥
~eed for some manual conversion efforts to take place along with the electronic
~ring the term of this Agreement and for a period o~ twenty-four (24) months afte
~rmination of.this Agreement, the Customer may not offer to hire or in any way em
eompensate any of the employees of HTE or persons who have been employed by HTE wi
~he,~ immediate past twenty-four (24) months without the prior written consent of HT
~rices quoted above will be honored through March 31 1993.
TestingP~od: 30 days starting with
Warran~ (according to applicable box as checked):
Warranted as set forth,in the Agreement..
]ASIS
the initial
training session on each application.
Program Services to be provided (check applicable box, complete period and provide description of Special Services, if any):
A. Type
IX] CemralServicefo~pefiodof 9.0 days starting with the initial training session on each~
application.
[ ] Local Sendce for period of
[ ] LocalAssigtance for period of
[ ] Support Center for period&
B. Special Services:
[ ! Support commencing upon delivery, of the Licensed Program to the Customer. All Licensed Programs willbe installed
on a "best efforts: basis by both parties.
[X] Other as follows: This contract contemplates the use of standard licensed programs
specified. Any modifications thereto shall be provided for on a time and
materials basis by separate agreement.
Ad~fion~ Lice~es ~fany):
A. Description:
B. Effective Date:
C. Basic License or Distributed Systems License Option
(indicate appropriate item):.
Signed, sealed and delivered
in the presence of the following
two witnesses:
As to Customer
As to H.T.E., INC.
~R~¥ED ~ FOR~:
H.T.E., INC~
By: ~i~ J~er, Vice
~nnis J. b~ , ' P~sident
February 15, t993
Date: ~
390 N. Orange Ave., Suite 2000. Orlando. FL 32801-1693 * (407) 841-3235
Application Solutions for Goverm~ent
SECTION t
1.1 IDENTIFICATION
SERVICE AGREEMENT
This agreement between H.T.E., Inc. (HTE) and City Boynton
Beach, (Company) located at 100 E. Boynton Beach Blvd. P.O.
Box 310, Boynton Beach, FL 33425, provides for Standard
Software Service as defined in Section 2.3 for the following
HTE System(s) and/or Product[s): AS/400 Building Permits
$3,000.00; Code Enforcement $750.00.
1.2 TERM OF AGREEMEI~T
The year of Service which is provided by this A§reement will
extend from to
1.3 SUP24ARY
This Service Agreement provides to the Company:
NEW SOFTWARE - During the covered period, the Company will
receive each new Enhancement to the Standard Software that is
issued for the System(s) and/or Product(s) listed in Section
1.1.
UPDATED DOCUMENTATION Each new Standa~a Software release
will be accompanied by user and system documentation,
reflecting the software Enhancements.
STANDARD SOFTWARE - HTE will correct any problems encountered
in the Standard Software during the term of this Agreement.
A HOT-LINE SERVICE - An exclusive Hot-line is established
consult-by-phone service ko Client Services Department. A
senior technical staff member is available to answer any
questions or discuss system problems of concern to the
Company.
for
ANNUAL INWOICE - The Company will be sent an annual invoice
for the Standard Software Service.
1.4 FEE ~
The annual renewal fee for the Service (for those System(s)
and or Product(s) listed in Section 1.1) is
$3,750.00.
1.5 This document is composed of Section 1 and Section 2.
SECTION 2
2.1 TERM
This agreement ex~ends for a peri.od of ~tweL~e mo~ths. Upon
the b~ginni~g of~ paid So~t~are S~rvice a~d~in ~the even,t of
conflict with ~he ~erms~ of the~ L~c~ns'e ~Agreeme~t., the terms
of this Service Agreement shall ~Overn.
2.2 CHA~RGES AND TAXES
The Company agrees to pay all charges due under this
Agreement. The annual fee is due and payable at the
beginning of each year. If HTE's assistance is requested by
the Company to correct a suspected error in the Standard
Software program logic or documentation, and it is ultimately
determined by HTE that no such error exists, the Company
shall compensate HTE for its services. Travel and personnel
time will be charged at HTE's established hourly rate of
$85.00 per hour. Additional y, compensation will be expecte~
for any reasonable living an~ travel costs.
2.3 SUPPORT
HTE's policy is to make improvements in its Standard Software
on a regular basis in order %o maintain its timely
applicability and competitive marke~ ability. To this end,
HTE may, from time to time, make changes in operating
procedures, programming languages, general purpose library
programs, timing accessibility techniques, types of hardwara
supportability, and other related programming and
documentation improvements. HTE shall provide to the
Company, as updates, at no additional charge, and on a timely
basis, the program logic and documentation fcr such S%andar~
Software Enhancements.
2.3.1 In the event the Company notifies HTE that it suspects
an error in the program logic or documentation which prevents
the continued accomplishmen% of the principal com~uting
functions of the System(s) and/or Product(s), HTE shall use
its best efforts to confirm the exxstence of such error. If
the existence of such error is confirmed to be in the
Standard Software, HTE shall correct it as part of its
obligation hereunder. If it is ultimately determined by HT5
that no such error exists, the Company shall compensate HTE
for its se~ices. This compensation shall be based upon
HTE's hourly rate of $85.00 per hour, plus reimbursement for
reasonable travel and living expenses.
2.3.2 HTE's policy is to acknowledge oral or written
requests from the Company to provide assistance in
identifying and ~etect~n~ probtems~ errors, and malfunctions
arising i~ connection ~ith the Company s use of HTE's
computer application software systems. To assist HTE in
implementing its policy, the Company shall confirm~in
writing, an oral request for specific assistance within ten
(10) days after such oral request is made. The Company shall
furnish to HTE adequate supporting documentation and details
to substantiate and to assist HTE in the identification and
detection of problems! errors, and malfunctions, arising from
the Company's use of the System(s) and/or Product(s).
2.3.3 If an Enhancement, provided to the Company under this
Agreement, is dependent upon codling of a previous Enhancement
which the Company does not have, upon request, HTE will
provide assistance by mail or telephone in order to establish
coding that will permit continuity between the Company's
operating system and the new Enhancement.
2.3.4 The Company agrees to notify H~E of the need to have a
previous Enhancement in order to install a current
Enhancement.
2.3.5 In the event the Company requests any support other
than that included under the terms of this Agreement?
d~pending upon the availability of its personnel~ H~E shall
use its best efforts to furnish it in accordance with the
current standard bitl~ng rates.
2.4 COM~2~'S OBLIGATION
The Company acknowledges that the continued integrity of the
System(s) and/or Product(s) is dependent upon installation in
the program logic and documentation of all updates to the
System(s) and/or Product[s) which are provided by H~E to the
Company.
2.5 R~PR~SE~I'A~IONS OF CO~A~f
The Company acknowledges HTE'S representations that HTE h~s
expended substantial sums in creating its Systems and
Products, incurs substantial additional expense in
maintaining them, and as a result, has and will continue to
have substantial proprietary interest and valuable trade
secrets in them.
2.5.1 The Company further represents and warrants that it
sha~l not (1) at any time sell, assign, or otherwise transfer
HTE System(~) and/or Product(s), parts of the System(s)
and/or Product(s), or updates, changes, improvements or
enhancements to the S~stem(s) and/or Product(s), or parts
thereof, or (2) provide to any third party any support
described in this Agreement for the System(s) and/or
Product(s). The Company shall hold in confidence the design
spec~f' ications and ~ssociated' ..... documentation~ of the System(s)
an~/or' Produc~($) and shall disclose the~System%s), ana/or
Product s~- in~ conflde~ce ~nt¥~'t°; and shall authorize the use
Of thee System(s) and/or P~°d~ct~s) in confiden%e only by, its
regular employees. ~'Co,mpa'n~ further acknowled99s that, in the
event of,a breach ~r~.hre~t~ned b~each by the Company of the
provisio~ns of ~his p~ragra~h,' HT~ has no adequate r~medy in
m~ney o~ idamage~;~and~~ac¢i0rdingly' shatl be entitled to an
%~J~%tOn %~%:s~ch breach ~ threa%~ned brea~ch.
2.~5.2 The' Compa~ny ag~es~%~t~ ~11 rights grantmd in this
Agreement shall be cumulative and that no specifications in
the Agreement~of an~!spec~ific lega~ or equitable remedy in
the event o~ the br~Ch~ o.r.any prouis~ons of this Agreement
shall be construed as a waive~ of, or prohibition against,
any uther legal or ~quitabie remedy for su£h breach. The
waiver of any breac~ of a,ny pr6vision of thiS, Agreement, or
of any remedy for any such~bre~ch, shal~l not preclude HTE
from thereafter exercising a~y rights (including any remedy
previously waived)it has u~der this Agreement for the same
or any subsequent breach. If the Compa.ny waives any remedy,
then it should be bound by its waiver in accordance with
established law.
2~.:5.3 The representations and warranties shall survive {he
execution of this Agreement~ the delivery of any documents
and all ura~ctions contemplated by this Agreement~ and the
termination of this Agreement.
2 . 6 ASS IGR~EB~
Neither this Agreement nor HTE System(s) and/or Products(s
nor any rights granted by this Agreement to the Company shall
be assigned, transferred or otherwise disposed of by the
Company, in whole or in part, without the prior written
consent of HTE.
2.7 LIABILITY
Because of the difficulty in ascertaining damages, it is
agreed that HTE liability to the Company for any losses or
damages, whether direct or indirect arising out of this
Agreement, shall not exceed the total amount billed and
billable to the Company, in no event shall HT£ be liable for
any indirect, special, or consequential damages, economic
loss in connection with, or arising out of this Agreemen%.
This paragraph shall supersede any paragraphs of this
Agreement which are'inconsistent with it.
2.8 SEVEP~BILIT~
Each provision of this Agreement is severable from all other
provisions of this Agreemenc and, if one or more of the
provisions of this Agreement shall be declared invalid, the
remaining provision of this Agreement shall nevertheless
remain in full force and effect, provided, however~ if
Paragraph 2.5 shall be declared invalid, Company shall
execute as soon as possible, a supplemental Agreement with
HTE which grants to HTE to the extent legally possible, the
protection afforded by said Paragraph.
2.9 NON-EMiPLOYMENT OF HTE EMPLOYEES
During the term of this Agreement and for a period of
twenty-four (24) months after termination of this A§reemens,
the Company may not offer to hire or in any way employ or
compensate any of the employees of HTE or persons who have
been employed by HTE within the immediate past twenty-four
(24) months without the prior written consent of HTE.
2.10 C-OVER_MING LAW
The Agreement shall be governed by and in accordance, with the
laws of the State of Florida.
2.11 AMOLr~'S
Ail amounts referred to herein or otherwise payable pursuant
to any term of this agreemen~ shall be United States of
America Dollars.
2.12 FINAL AGREEMENT
2.13
This Agreement supersedes all prior Agreements and
understandings between HTE and the Company relative %o
support services for the Systemls) and/or Product{s) and
shall not be changed orally° No change or attempted waiver
of any provision of this Agreement shall be binding unless
expressed in writing and signed by the party against whom the
same is sought to be enforced.
HEkDINGS
The headings or titles of the Paragraphs in this Agreement
are for convenience only, are not a part of this Agreemen%,
and shall not be used as an aid in the construction of any
provision hereof. -
2.14 COUNTERPARTS
This Agreement may be executed in one or more counterparts~
each of which shall constitute a single document.
Th ~'~ each acting with due authority, have
executed
th~_~.'~?~ment by setting forth their respective signatures:
Auth0rized for-the Company:
Signature
Authorlzed b~_~/~ ]
S nature
D~S ~I. W~per
Vice President/Finance
Date
Date ~